2015 No. 52 (C. 9)
Regulatory Reform
Environmental Protection

The Regulatory Reform (Scotland) Act 2014 (Commencement No. 2 and Transitional Provision) Order 2015

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 61(2) and (3) of the Regulatory Reform (Scotland) Act 20141 and all other powers enabling them to do so.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Regulatory Reform (Scotland) Act 2014 (Commencement No. 2 and Transitional Provision) Order 2015 and comes into force on 26th February 2015.

(2)

In this Order, “the 2014 Act” means the Regulatory Reform (Scotland) Act 2014.

Appointed days2.

(1)

26th February 2015 is the day appointed for the coming into force of section 54 (marine licence applications etc.: proceedings to question validity of decisions) of the 2014 Act.

(2)

1st October 2015 is the day appointed for the coming into force of paragraph 6 of schedule 3 (minor and consequential modifications) to the 2014 Act and, only in so far as necessary for the purpose of commencing that paragraph, section 57 (consequential modifications and repeals) of the 2014 Act.

Transitional provision3.

Section 63A of the Marine (Scotland) Act 20102 does not apply in relation to a decision made before 26th February 2015.
RICHARD LOCHHEAD
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Order)

This Order brings into force certain provisions of the Regulatory Reform (Scotland) Act 2014 (“the 2014 Act”).

Article 2(1) of the Order brings into force section 54 of the 2014 Act on 26th February 2015. Section 54 of the 2014 Act amends the Marine (Scotland) Act 2010 (“the 2010 Act”) by amending section 38 and inserting new sections 63A and 63B. Transitional provision is made by article 3 of this Order to provide that the newly inserted provisions of the 2010 Act do not apply in relation to marine licensing decisions made under sections 28 and 29 of the 2010 Act that are made before 26th February 2015 and which concern electricity generating station applications.

Article 2(2) of the Order brings into force paragraph 6 of schedule 3 to the 2014 Act on 1st October 2015 and, only in so far as necessary for the purpose of commencing that paragraph, section 57 of that Act. Paragraph 6 of schedule 3 amends section 136A of the Merchant Shipping Act 1995 (c.21) (“the 1995 Act”) (discharges etc. authorised under other enactments). Section 136A of the 1995 Act was added by paragraph 13 of Schedule 2 to the Pollution Prevention and Control Act 1999 (c.24).

The 2014 Act received Royal Assent on 19th February 2014 and sections 58 (subordinate legislation), 59 (ancillary provision), 60 (Crown application), 61 (commencement) and 62 (short title) came into force the day after Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)

The provisions of the 2014 Act commenced by an earlier commencement order are detailed in the table below.

Provision

Date of Commencement

S.S.I.No.

Sections 1 to 53

30th June 2014

2014/160

Sections 55 and 56

30th June 2014

2014/160

Section 57 (partially)

30th June 2014 and 1st April 2015

2014/160

Schedule 1

30th June 2014

2014/160

Schedule 2

30th June 2014

2014/160

Schedule 3—

Paragraphs 2 to 5

30th June 2014

2014/160

Paragraph 7

30th June 2014

2014/160

Paragraph 8(1) and (2)

30th June 2014

2014/160

Paragraph 9

30th June 2014

2014/160

Paragraph 11(1) to (3)

30th June 2014

2014/160

Paragraph 11(4)

1st April 2015

2014/160

Paragraphs 12 to 23

30th June 2014

2014/160

Paragraphs 25 to 44

30th June 2014

2014/160